THE ORDER OF STATE DEPARTMENT OF UKRAINE CONCERNING EXECUTION OF PUNISHMENTS, THE MINISTRIES OF INTERNAL AFFAIRS OF UKRAINE, THE MINISTRY OF LABOUR AND SOCIAL POLICY OF UKRAINE

of March 4, 2009 No. 38/86/89

About approval of the Order of interaction of bodies and organizations of execution of punishments, territorial authorities of internal affairs, bodies of work and social protection of the population, jobcenters concerning provision to persons who can be exempted from serving sentence and served sentence, the help in the labor and household device, social adaptation

According to the Laws of Ukraine "About employment of the population", "About social adaptation of persons serving sentence in the form of restriction of freedom or imprisonment for certain term" "About bodies and services for children and special facilities for children", "About the Public criminal and executive service of Ukraine", 39, of the 40th item 4 of the Regulations on the Ministry of Labour and Social Policy of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of 02.11.2006 of N 1543, we ORDER to the Penitentiary code of Ukraine and subitems:

1. Approve the Order of interaction of bodies and organizations of execution of punishments, territorial authorities of internal affairs, bodies of work and social protection of the population, jobcenters concerning provision to persons who can be exempted from serving sentence and served sentence, the help in the labor and household device, social adaptation (further - the Procedure) which is applied.

2. Declare invalid the order of State department of Ukraine concerning execution of punishments, the Ministries of Internal Affairs of Ukraine and the Ministry of Labour and Social Policy of Ukraine of 12.12.2003 N 250/1562/342 "About order of interaction of bodies and organizations of execution of punishments, territorial authorities of internal affairs and jobcenters of the population concerning provision to persons exempted from serving sentence, the help in the labor and household device, social adaptation", registered in the Ministry of Justice of Ukraine 09.01.2004 for N 6/8605.

3. Repeal the order of State department of Ukraine concerning execution of punishments, the Ministries of Internal Affairs of Ukraine and the Ministry of Labour and Social Policy of Ukraine of 12.11.2007 N 295/425/606 "About introduction of amendments to the general order of State department of Ukraine concerning execution of punishments, the Ministry of Internal Affairs of Ukraine and the Ministry of Labour and Social Policy of Ukraine of 12.12.2003 N 250/1562/342".

4. To submit to State department of Ukraine concerning execution of punishments this order in accordance with the established procedure on state registration to the Ministry of Justice of Ukraine.

5. To impose control of execution of this order on the vice-chairman of State department of Ukraine concerning execution of punishments, the deputy minister of internal affairs of Ukraine, the deputy minister of work and social policy of Ukraine according to distribution of obligations.

The Ministries of Internal Affairs of Ukraine, the Ministry of Labour and Social Policy of Ukraine of March 4, 2009 No. 38/86/89 is approved by the Order of State department of Ukraine concerning execution of punishments,

The order of interaction of bodies and organizations of execution of punishments, territorial authorities of internal affairs, bodies of work and social protection of the population, jobcenters concerning provision to persons who can be exempted from serving sentence and served sentence, the help in the labor and household device, social adaptation

This Procedure is developed for the purpose of provision to persons who can be exempted from serving sentence and served sentence, assistance in recovery in the social status of the full-fledged member of society, their return to the independent commonly accepted social and normative life in society.

I. Administration of organization of execution of punishments:

1.1. Not later than in three months prior to the termination of the appointed term of punishment has talk with the convict for determination of its intentions concerning the residence and employment after release and provision of necessary assistance in the solution of the matters. Following the results of conversation from the convict the statement is adopted (appendix 1) which after release joins its personal record.

1.2. In three months prior to the termination of term of punishment of the convict to restriction of freedom or imprisonment for certain term sends the message request (appendix 2) in relevant organ of internal affairs for check of possibility of accommodation after release at the place of residence elected by him, and on the convicts who asked for the help in the device, - the message request (appendix 3) in relevant organ of work and social protection of the population for verification of presence of the center of social adaptation of persons exempted from organizations of execution of punishments in the electee person who is exempted the region. The message request goes concerning the convicts characterized by administration of organization of execution of punishments as proved the correction and which before the stipulated by the legislation term of possible application of parole remained no more than three months.

Concerning persons who are exempted from organizations of execution of punishments from among men by age of 28-60 years and women age of 28-55 years which on condition of difficult vital circumstances (lack of the residence at them, etc.) and in their consent go to the center of social adaptation of persons exempted from organizations of execution of punishments directs to the relevant center the application in person of the convict and the medical certificate about state of his health.

By way of exception, on condition of difficult vital circumstances according to the decision of administration of the center of social adaptation of persons exempted from organizations of execution of punishments in it persons aged from 18 up to 28 years can be accepted.

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